Richard C. Bardi & Associates LLC

A prenup provides protections to both spouses

Asking the person to who you are engaged for a prenuptial agreement might seem like a less-than-desirable thing to do. This misconception might mean that you are missing out on an important protection for both you and your betrothed.

Prenuptial agreements can't be one-sided, so you shouldn't assume that you will seem selfish when you ask for one. Instead, these agreements must be balanced. If they are ever brought before the court, it is possible for them to be thrown out if they favor one party over the other.

Another misconception is that asking for a prenup assumes that the marriage is going to fail. This isn't the case. Having a premarital agreement set the standards for the marriage that help it to thrive.

When you are determining with the terms of your prenuptial agreement, don't focus solely on the assets you have now. Think about things that you might have in the future. For example, include the possibility of receiving an inheritance in the future.

You also need to cover what will happen with debts. This can be helpful if one or both parties enters the marriage with credit card debts or student loans. You can outline exactly which debts each person is responsible for paying if the marriage ends.

Because both parties need sufficient time for their legal counsels to review the prenup, signing a prenup should be discussed as early in the engagement as possible. Each person needs their own legal representation to define the terms and review the agreements to determine whether signing will be in their best interests or not.

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